BANK OF NEW YORK MELLON AS TRUSTEE FOR HOLDERS OF GE WMC ASSET BACKED PASS THROUGH CERTIFICATES SERIES 2005 v. Holly G. Ashley, a/k/a Holly G. Smith; Michael Ashley; CitiFinancial, Inc.; Betty Lou Crumrine, Trustee; Nancy J. Liberto, Trustee; State of Maryland, Comptroller of Maryland, Defendants. (2019)

Bank of New York Mellon (the Bank) appeals the district court's order dismissing its civil action with prejudice for lack of subject matter jurisdiction. We have thoroughly reviewed the parties’ submissions and find no reversible error in the district court's conclusion that it lacked subject matter jurisdiction over the Bank's action. As the district court recognized, the Bank's assertion that its action falls within the scope of the waiver of sovereign immunity provided by 28 U.S.C. § 2410(a)(1) (2012) is foreclosed by our decision in Kasdon v. United States, 707 F.2d 820, 823 (4th Cir. 1983).^* However, because the dismissal was based on a defect in jurisdiction, we modify the dismissal order to reflect that the action is dismissed without prejudice. See 28 U.S.C. § 2106 (2012); S. Walk at Broadlands Homeowner's Ass'n v. OpenBand at Broadlands, LLC, 713 F.3d 175, 185 (4th Cir. 2013).

Accordingly, we affirm as modified the district court's judgment. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED AS MODIFIED

FOOTNOTES

FOOTNOTE.   Because we affirm the district court's jurisdictional ruling on this basis, we conclude that we need not address the United States’ alternative argument that the Bank lacked standing to bring its action.

PER CURIAM:

Affirmed as modified by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.